[Federal Register: February 13, 2004 (Volume 69, Number 30)]
[Rules and Regulations]
[Page 7161-7164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe04-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2003-0363; FRL-7338-6]
Thifensulfuron methyl; Tolerances Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to reinstate corn tolerances
for the herbicide thifensulfuron methyl. These corn tolerances were
previously established but inadvertently removed shortly thereafter.
Registrations under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) for use of thifensulfuron methyl on corn currently exist
and have existed for more than 9 years.
DATES: This direct final rule is effective on May 13, 2004, without
further notice, unless EPA receives a relevant adverse comment by April
13, 2004. If, however, EPA receives a relevant adverse comment during
the comment period, then EPA will publish a timely withdrawal in the
Federal Register informing the public that the direct final rule will
not take effect.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW.,Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail
address: nevola.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS 111)
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Animal production (NAICS 112)
Food manufacturing (NAICS 311)
Pesticide manufacturing (NAICS 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit III. If you have
any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2003-0363. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ A frequently updated electronic version of 40 CFR part 180 is available at http://.
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html/, a
beta site currently under development.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2003-0363. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID Number OPP-2003-0363. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access''
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system. If you send an e-mail comment directly to the docket without
going through EPA's electronic public docket, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0363.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID Number OPP-2003-0363. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the rule or collection
activity.
7. Make sure to submit your comments by the deadline in this
document.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
II. Authority
A. What is the Agency's Authority for Taking this Action?
This direct final rule is issued under the Federal Food, Drug, and
Cosmetic Act (FFDCA) section 408, 21 U.S.C. 346a, as amended by the
Food Quality Protection Act (FQPA).
B. Why is EPA Issuing this as a Direct Final Rule?
EPA is issuing this action as a direct final rule without prior
proposal because the Agency believes that this action is not
controversial and is not likely to result in any adverse comments,
inasmuch as this action reinstates corn tolerances that were previously
established by rulemaking in the Federal Register and that were
inadvertently removed from 40 CFR 180.439.
If, however, EPA receives a relevant adverse comment during the
comment period, then EPA will publish a timely withdrawal in the
Federal Register informing the public that the direct final rule will
not take effect, publish a notice of proposed rulemaking in a future
issue of the Federal Register, and address the comments on the direct
final rule as part of that notice of proposed rulemaking.
III. Summary of this Action
On May 18, 1994 (59 FR 25821) (FRL-4778-9), EPA published a Notice
of Final Rulemaking in the Federal Register in which the Agency
established tolerances for residues of the herbicide thifensulfuron
methyl in 40 CFR 180.439 for field corn fodder, forage and grain at 0.1
parts per million (ppm), 0.1 ppm and 0.05 ppm, respectively, all with
an effective date of May 18, 1994.
Not long after, on June 22, 1994 (59 FR 32085) (FRL-4868-8), EPA
published a Notice of Final Rulemaking in the Federal Register in which
the Agency established tolerances for residues of the herbicide
thifensulfuron methyl in 40 CFR 180.439 for oat, grain and oat, straw
with an effective date of June 22, 1994. However, the codification
section of that June 22nd final rule inadvertently left out the corn
tolerances that were newly established on May 18, 1994. In the preamble
text of the June 22nd final rule, no action was directed toward the
corn tolerances established on May 18th. The establishment of the three
corn tolerances on May 18th was inadvertently missed in the final rule
of June 22nd. Consequently, the three corn tolerances established on
May 18th did not appear in Sec. 180.439 of the July 1, 1994 version of
40 CFR nor in subsequent annual versions.
Currently, there are active products registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) which list corn as
a use site for thifensulfuron methyl application. These registrations
have existed since 1994 with associated tolerances established in May
1994. Because deletion of the corn tolerances from the 40 CFR was both
inadvertent and improper; i.e., there was no cause for removal, there
was no mention made of their revocation in the June 22, 1994 final rule
(nor in the proposed rule of April 14, 1994; (59 FR 17751) (FRL-4759-4)
and therefore no opportunity for public comment on their removal was
possible, contrary to FFDCA section 408(e)(2), EPA is correcting the
error via this direct final rule.
Also, in accordance with current Agency practice, the commodity
terminologies for the tolerances should be revised from ``corn forage,
field'' to ``corn, field, forage''; ``corn grain, field'' to ``corn,
field, grain''; and ``corn fodder, field'' to ``corn, field, stover.''
Therefore, EPA is reinstating the tolerances in 40 CFR 180.439 for
residues of thifensulfuron methyl in or on corn, field, forage at 0.1
ppm; corn, field, stover at 0.1 ppm; and corn, field,
[[Page 7164]]
grain at 0.05 ppm. The Agency will reassess these tolerances according
to FQPA standards in the near future.
IV. Statutory and Executive Order Reviews
This direct final rule reinstates tolerances previously established
under section 408 of the FFDCA. Since this direct final rule does not
impose any new requirements, it is not subject to review by the Office
of Management and Budget (OMB) under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993). Because
this direct final rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this direct final rule is
not subject to Executive Order 13211, Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001). This direct final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Since this action merely reinserts into the CFR tolerances that
were never properly deleted, EPA certifies in accordance with the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) that there is
no adverse impact resulting from this action. In addition, the Agency
has determined that this action will not have a substantial direct
effect on States, on the relationship between the national government
and the States, or on the distribution of power and responsibilities
among the various levels of government, as specified in Executive Order
13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive
Order 13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This direct
final rule directly regulates growers, food processors, food handlers
and food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this rule
does not have any ``tribal implications'' as described in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This direct final rule will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 21, 2004.
James Jones,
Director, Office of Pesticide Programs.
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Therefore, 40 CFR chapter I is amended as follows:
PART 180--AMENDED
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1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
0
2. Section 180.439 is revised to read as follows:
Sec. 180.439 Thifensulfuron methyl (methyl-3-[[[[(4-methoxy-6-methyl-
1,3,5-triazin-2-yl)amino]carbonyl]amino]sulfonyl]-2-thiophene
carboxylate); tolerances for residues.
(a) General. Tolerances are established for residues of the
herbicide thifensulfuron methyl (methyl-3-[[[[4-methoxy-6-methyl-1,3,5-
triazin-2-yl)amino]carbonyl]amino]sulfonyl]-2-thiophene carboxylate) in
or on the following raw agricultural commodities:
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Commodity Parts per million
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Barley, grain........................................ 0.05
Barley, straw........................................ 0.1
Corn, field, forage.................................. 0.1
Corn, field, grain................................... 0.05
Corn, field, stover.................................. 0.1
Oat, grain........................................... 0.05
Oat, straw........................................... 0.10
Soybean.............................................. 0.1
Wheat, grain......................................... 0.05
Wheat, straw......................................... 0.1
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(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 04-3230 Filed 2-12-04; 8:45 am]
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